31 Kan. 207 | Kan. | 1884
This was an action brought by the plaintiff against the defendants for the recovery of the southeast quarter of section 35, township 19, range 13, in Coffey county. The following are the facts in the case: On April 26,1869, and for a long time prior thereto, Thaddeus H. Walker was the owner of the premises in controversy; April 14, 1869, Stephen L. Davidson obtained a judgment against Walker in the district court of Leavenworth county, in this state, for $1,794.57, and his costs; April 26,1869, a transcript of the judgment was filed in Coffey county; April 10, 1874, an execution was issued upon the judgment, directed to the sheriff of Coffey county, who levied the same upon a large amount of other lands belonging to Walker, and the same were advertised for sale, but before the day of the sale the execution was, by order of the owner of the judgment, returned without offering the lands for sale; November 24, 1874, another execution was issued on the judgment, directed to the sheriff of Coffey county, who levied the same upon the lands of Walker, other than the land in controversy, appraised and advertised the same, and offered the lands for sale, and at such sale the lands were stricken off to R. I. Lee and C. W. Holder; no money was paid on this sale; February 3,1875, the plaintiff moved to have the sale confirmed in the district court of Leavenworth county, and on February 6,1875, the motion was sustained, and the court ordered the sheriff of Coffey county to make deeds to the purchaser; August 28,1875, the sheriff and R. I. Lee, one of the purchasers, moved the said court to vacate and set aside the order of confirmation, and the sheriff asked leave to amend his return; October 9, 1875, these motions were sustained, and the order of confirmation was vacated so far as the sale to R. I. Lee was concerned, and leave was granted the sheriff to amend his return; November 17,1875, the execution recited in the sheriff’s deed held by the defendants, and under which they hold title, was issued out of
The court also made the following additional finding: “In the case of Stephen L. Davidson against Thaddeus H. Walker, in Leavenworth county, Kansas, the defendant, Thaddeus H. Walker, received due and legal notice of all the proceedings had therein from and after February 5, 1875; that is, the presumption that such notice was given is not overcome by the evidence.” Judgment was rendered for the defendants, and the plaintiff complains of the ruling.
II. It is also claimed that the levy upon Walker’s lands under the execution of November 24, 4874, together with-the sale of the same on January 11, 1875, and the confirmation of said sale on February 6, 1875, satisfied the judgment against Walker, and therefore that the subsequent alias
The judgment of the district court will therefore be affirmed.